State's Shoreline Protection Act has Raymond officials talking

Friday

Sep 26, 2008 at 2:00 AM

RAYMOND — A new set of rules calling for more protection of the state's shorelines probably won't dissuade those who plan to pay fines in exchange for doing things their own way, a local conservation official warns.

Toby Henry

RAYMOND — A new set of rules calling for more protection of the state's shorelines probably won't dissuade those who plan to pay fines in exchange for doing things their own way, a local conservation official warns.

The state's Shoreline Protection Act, which became effective in July, puts in place a number of new guidelines that affect how much impervious surface — in the form of porches, homes, sheds and driveways — can be built within 250 feet of a lake, river or large pond. The rules also deem that a pre-determined "point value" of trees ranked by their diameter have to remain on the property, and Conservation Commissioner Jonathan Wood said this new system trumps the former method that called for maintaining at least 50 percent of the saplings that grow over a 20-year period.

Wood and a few other town officials attended a Sept. 17 meeting hosted by Jason Aube, a shoreline protection specialist for the New Hampshire Department of Environmental Services, where the rules were explained in detail. While reaction among the town's officials seemed positive, Wood said one troubling assertion made by Aube is that there is still little action the state can take against illegal tree-cutting.

According to Aube, the trees and their root systems provide a valuable "vegetative buffer" against erosion that can help prevent pollution and other harmful matter from getting into the state's waterways. Wood said on Sept. 18 that water quality will likely improve with the new laws, but only if people adhere to them.

Wood himself is an abutter of Onway Lake, a 200-acre lake which is the largest body of water in Raymond.

"For the most part I think it will improve water quality ...; and it is better defined than the old way," he said. "But what was a little discouraging to hear is that some people will probably just cut down all the trees anyways with the expectation of paying the fines."

According to the new laws, which have been designated the Comprehensive Shoreline Protection Act, the new statutes are intended to eliminate "the potential for ...; uncoordinated, unplanned and piecemeal development" that is not adequately prohibited by prior laws. Central to these new laws is the definition of a mandatory 50-foot setback from all important lakes, ponds and rivers.

The new statutes are far stricter than the previous setback rules, which were as close as 20 feet in some Granite State towns. The laws also demand a 150-foot natural tree buffer to be maintained from any shore reference line, although trees that are dead, diseased or which pose a hazard to people or structures, can be removed without penalty.

The act also states that in most cases no more than 30 percent of any lot can consist of impervious surfaces. Small structures such as tree houses, swing sets, birdhouses, and birdbaths do not require a permit no matter where they are built on a shoreline property.Wood said this portion of the CSPA probably has the most impact on Raymond, particularly in areas where "gentrification" is taking place as old shore-side camps are torn down in favor of new larger homes.

"And that's where the percentage of impervious surfaces will probably become a concern, especially on Governor's Lake where the lots are very small," he said.

At the Sept. 17 meeting, Raymond Realtor Paul McCoy said the new laws were far different from widely-held assumptions that the CSPA had essentially barred all development within 250 feet of all state shorelines. But Charlie Hayes, a Charlestown, Mass., resident who identified himself as a lakeside property owner at the meeting, later said he was concerned that New Hampshire's laws could eventually became as restrictive as those in the Bay State.

The new laws and a full list of all the bodies of water impacted by them is available online at http://www.des.state.nh.us/CSPA/.

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